9.2.5.60 Visa Subclass 309 Spouse/Partner (Provisional)

Note 1: With the commencement of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 on 1 July 2009, the Migration Regulations 1994 were amended to replace 'spouse' with 'partner'. Spouse visas continue to be issued for visa applications lodged prior to 1 July 2009.

Note 2: Applicant for a permanent visa subclass 100 Spouse/Partner.

Assurance of Support No (from 1 January 2012)
Permanent Resident No
Sponsored/Nominated Sponsored
What Payments Eligible For

Holders qualify for SpB, but for applications for SpB made from 1 January 2012, holders will no longer have an exemption from the SpB NARWP on the basis that spouse/partner/interdependency visa holders are family members of an Australian citizen or an Australian permanent resident with more than 2 years continuous residence in Australia.

For applications for SpB made from 1 January 2012, temporary spouse/partner/interdependency visa holders will be required to serve the SpB 2 year NARWP unless they have experienced both financial hardship and a substantial change in circumstances beyond their control after arrival in Australia. Refer 3.7.1.20 Payability of SpB.

Act reference: SSAct section 729(2)(f)(v) …is the holder of a visa that is in a class of visas…

A holder may qualify for a HCC by claim.

Prior to 1 January 2017, a holder was exempt from the HCC NARWP if they were a family member of an Australian citizen or a family member of an Australian permanent resident who has more than 2 years continuous residence in Australia.

From 1 January 2017, this HCC NARWP exemption was revoked.

However, a person can continue to be eligible for the card if they were granted a HCC NARWP exemption prior to 1 January 2017 and have continuity of entitlement post 1 January 2017.

Act reference: SSAct section 1061ZO(1) A person is qualified for a HCC…

Budget Savings (Omnibus) Act 2016 Schedule 10 Part 1 item 60

Policy reference: SS Guide 3.9.1.20 Qualification for LIC

Eligible to be listed as a dependent on a PCC or HCC, if the person's partner is the holder of either one of these cards.

Act reference: SS(Admin)Act section 240B(5) The Minister may, … declare that a person who…

May be eligible for CrP, FTB, CCS, PLP and DAPP.

Policy reference: SS Guide 3.7.4.10 Qualification for CrP - General Provisions

FA Guide 2.1.2.20 Verifying Residence/Citizenship, 2.6.2.20 CCS - Australian Residency Exceptions

PPL Guide 2.2.4.10 Australian Residency Test for PLP, 2.3.4.10 Australian Residency Test for DAPP

Last reviewed: 2 July 2018